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HomeMy WebLinkAboutReso 1975-7966f RESOLUTION N0. 7966 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE UNDERGROUTdDING OF EXISTING UTILITIES ON SECOND AVENUE AND THE DEFERRAL OF UNDERGROUNDING EXISTING UTILITIES ON PALOMAR STREET ADJACENT TO THE BOUNDARY OF CHULA VISTA TRACT NO. 75-2 The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the City Council of the City of Chula Vista has heretofore on November 25, 1975 held a public hearing as provided in Section 15.32.040 of the Chula Vista Municipal Code to consider the deferral of undergrounding existing utilities adjacent to the boundary of Chula Vista Tract No. 75-2, and ~~-iEREAS, after hearing all testimony, it has been deter- mined that because of the extraordinary conditions existing at said location, a deferral of undergrounding requirements would be justified, based upon the following reasons: 1. That extraordinary conditions exist to the extent that enforcement of this section would result in un- necessary hardship to the subdivider or the utility company, 2. That subject deferral will not, under the circum- stances of the particular case, be detrimental to the health, safety or general welfare of the neighborhood, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that the requirement for undergrounding of utilities as contained in Section 15.32.040 of the Chula Vista Municipal Code be, and the same is hereby waived in regard to the 12 KVA line on Second Avenue and said requirement is deferred in regard to the 12 KVA line on Palomar Street adjacent to the boun- dary of Chula Vista Tract Tdo. 75-2 upon condition that the sub- divider, Saburo Muraoka, shall enter into an agreement with the City stipulating the acceptance of the establishment of an under- grounding district at some future date and waiving any protests against such a district. Presented by GEC./. William J. obens, Director of Public Works Approved as to form by .. George D'. Lindberg, City Attorney ADOPTED A~~D APPROVED BY THE CITY COULdCIL OF TiiE CITY OF CiiULA VISTA, CALIFORNIA this 9th day of December ~ 197 5 by tine following vote, to-wit: AYES : Counci Zmen Hyde, ~gdahl , Scott, Hobel , Hami 1 ton ;dAYES : Counci Zmen None ABSEi1T : Counci Zmen NOne Mayor of the City of ChuZ Vista ATTEST C ty CZerk STATE OF CALIFORLIIA ) COUNTY OF SAiJ DIEGO ) ss . CITY OF CI3ULA VISTA ) I, JENNIE M. FULASZ, CMC, City CZerk of the City of Chula Vista, California, DD HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of and that the same has not been amended or repealed. DATED City Clerk (SEAL) CC-660 ~9~`